Voytovych I. The Grounds for Conducting of Investigative (search) Actions in Criminal Proceedings.

Voytovych I.S. The Grounds for Conducting of Investigative (search) Actions in Criminal Proceedings. – Qualifying scientific work on manuscript rights. Dissertation for the degree of Doctor of Philosophy (081 – Law). Lviv State University of Internal Affairs, Lviv, 2023. The dissertation examines the issue of legal, procedural and factual grounds for conducting investigative (search) actions. The scientific novelty of the work lies in the disclosure and substantiation of the complex three-part structure of the grounds for conducting investigative (search) actions. In the dissertation, for the first time, at the level of a monographic study, a systematic analysis of the decision to conduct an investigative (search) action is carried out as a procedural basis for its conduct on. In Section 1 «Concept and essence of grounds for conducting investigative (search) actions» the concept and essence of the legal category «ground» for conducting investigative (search) actions, as well as the concept of factual, legal and procedural grounds for conducting investigative (search) actions, are analyzed. Section 2 «Essence of procedural grounds for conducting investigative (search) actions» examines the requirements for a procedural decision on conducting investigative (search) actions and the mechanism of formation of procedural grounds for conducting investigative (search) actions in a specific investigative situatiIn Section 3 «Factual grounds for conducting investigative (search) actions» research is conducted on the evidence as a factual basis for conducting investigative (search) actions and the purpose of conducting them in relation to actual data indicating the possibility of its achievement. The simultaneous interrogation of two or more already interrogated persons, as an investigative (search) action, is structurally not distinguished as a separate procedural action by the Criminal Procedure Code of Ukraine, but is defined as a type of interrogation. The vagueness of the regulation in terms of determining the depth of discrepancies in testimony negatively affects the grounds for conducting this investigative (search) action. Conducting an examination is the only investigative (search) action for which there is a norm in the Code of Criminal Procedure of Ukraine with the appropriate name, which is called «Grounds for conducting an examination» (Article 242 of the Code of Criminal Procedure of Ukraine). We can state that in most cases, the norms of the criminal procedural law do not directly indicate the purpose and actual grounds for carrying out individual investigative (search) actions. We can derive judgments about the purpose and actual grounds for carrying out certain investigative (search) actions from certain other norms of the Criminal Procedure Code of Ukraine or rely on existing investigative and judicial practice. Imperfect legal regulation of the purpose and factual grounds of investigative (search) actions negatively affects the results of pre-trial investigation, and also encourages different law enforcement practices. Therefore, certain provisions of the criminal procedural law need to be revised.